Martinez follows California Food & Agricultural Code Β§31683, which preempts breed-specific legislation β dangerous dog designation is based on behavior only. Dogs that bite or threaten people or other animals may be declared dangerous or vicious through a hearing process, with requirements including muzzling, secure enclosures, liability insurance, and signage. Vicious dog designations can result in destruction orders.
California Food & Agricultural Code Β§31683 explicitly preempts all local breed-specific legislation β Martinez cannot and does not ban pit bulls, Rottweilers, or any other breed. Dangerous dog determinations are behavior-based under California Food & Agricultural Code Β§31601-31683 and Contra Costa County Code. A dog may be declared 'potentially dangerous' if it engages in unprovoked aggressive behavior requiring defensive action, kills or injures a domestic animal off the owner's property, or bites a person causing minor injury. 'Vicious' designation applies to dogs that severely injure or kill a person or have prior potentially dangerous status with additional aggressive acts. The designation process includes a hearing before a Contra Costa County hearing officer with notice to the owner. Requirements for potentially dangerous dogs include: secure enclosure, muzzling in public, posting 'Beware of Dog' signs, $100,000 liability insurance, microchipping, and spay/neuter. Vicious dog owners face the same requirements plus additional conditions and possible destruction orders. Violation of dangerous dog requirements is a misdemeanor punishable by up to $1,000 fine and/or 6 months jail. Mandatory spay/neuter programs targeting specific breeds are allowed under CA Health & Safety Code Β§122331 but Martinez has not adopted one.
Contact your local code enforcement office for specific penalty information.
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Side-by-side rule comparisons with other cities in Contra Costa County.
See how other cities in Contra Costa County handle breed restrictions.
See how Martinez's breed restrictions rules stack up against other locations.
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